National Tertiary Education Industry Union v Royal Melbourne Institute of Technology T/A RMIT University

[2017] FWC 5026

[2017] FWC 5026

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

National Tertiary Education Industry Union

v

Royal Melbourne Institute of Technology T/A RMIT University

(B2017/875)

Commissioner Bissett MELBOURNE, 27 SEPTEMBER 2017

Proposed protected action ballot of employees of Royal Melbourne Institute of Technology T/A RMIT University.

1. This is an application pursuant to s.437 of the Fair Work Act 2009 (the Act) by the National Tertiary Education Industry Union (NTEU) for a protected action ballot order in relation to certain employees of the Royal Melbourne Institute of Technology T/A RMIT University (the Respondent). The application was made on 22 September 2017.

1. The Respondent has advised in correspondence that it does not oppose the making of the order. I have therefore made this decision on the basis of the material filed by NTEU.

1. Section 443(1) of the Act states:

443      When the FWC must make a protected action ballot order

(1)       The FWC must make a protected action ballot order in relation to a proposed enterprise agreement if:

(a) an application has been made under section 437; and

(b)       the FWC is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted.

1. The NTEU has provided a signed statutory declaration addressing those matters in s.443(1) of the Act.

1. I am satisfied that the requirements of s.443(1) of the Act have been met and that, accordingly, the Order must be made. I will issue an Order[1] based on the draft order provided by the NTEU.

COMMISSIONER

[1] PR596412.

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